JUDGEMENT

This First Appeal under Section 96 of CPC has been preferred feeling aggrieved by judgment and decree dated 26-11-2016 in Civil Suit No.1B/2011( old) and No. 2B/13(present) by the 3rd Additional District Judge, Katni whereby a decree of Rs. 5,50,000/--5,50,000/- with 7.5% per annum has been decreed in favour of each of the plaintiffs/respondents.

2. The respondents/plaintiffs have filed cross-objection under Order 41 Rule 22 of CPC and claim an award of 12% interest per annum till the date of realisation of decreetal amount, award of Rs. 3, 85,000/- as interest for a period of 35 months before filing of the suit and to award cost of trial to the tune of Rs. 1,24,500/- along with cost of appeal Rs. 1,09,625/- and Rs. 15,000/- as pleaders fees and also to award Rs. 2500/- as cost of legal notice.

3. Necessary pleadings of both the parties before the trial court is being referred below :-

(a) The respondents pleaded before the trial Court that they had cordial relation with the defendant/appellant and they were acquainted with the appellant. The defendant with the consent of his brother Anand Kumar Goenka, entered into an agreement with the plaintiffs dated 20-07-2008 f